Kentucky

PENDING: House Bill 593 (Allow senior citizens to avoid jury duty)

Posted on February 25, 2008
Introduced by Rep. Eddie Ballard on February 20, 2008, to allow anyone age 72 or older to opt out of jury duty. http://www.kentuckyvotes.org/Legislation.aspx?ID=59949

PENDING: House Bill 591 (Limit official use of Social Security numbers)

Posted on February 25, 2008
Introduced by Rep. Robin L Webb on February 20, 2008, to limit state agency use of Social Security numbers, set up a process for removing Social Security numbers from official documents, and delay effective date of the provisions of this bill until July 1, 2009...

PENDING: House Bill 586 (Raise court costs to pay deputy circuit court clerks more)

Posted on February 25, 2008
Introduced by Rep. Jesse Crenshaw on February 20, 2008, to impose a $5 fee on all civil and criminal cases to be used to fund a pay supplement for deputy circuit court clerks. http://www.kentuckyvotes.org/Legislation.aspx?ID=59942

PENDING: Senate Bill 98 (Expand Medicaid eligibility)

Posted on February 25, 2008
Reported in the Senate on February 20, 2008, favorably, 1st reading, to Consent Calendar. http://www.kentuckyvotes.org/Legislation.aspx?ID=57575

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KY BLAWGS: "Supreme Court Establishes Elements for Holding Employer Liable for Injury to Employee's Guest."

Posted on February 25, 2008
From the Kentucky Tort and Insurance Law Blog by Ed Brutscher is a digest of recent SCOKY decision reversing earlier Kentucky precedent:Supreme Court Establishes Elements for Holding Employer Liable for Injury to Employee's Guest.

INDIANA: Sampson's "separation agreement" at IU or when in the "red" is "good"

Posted on February 25, 2008
How do you thank a coach for leading down the NCAA highway of sanctions? Well, here is a post from the Indiana Law Blawg which links to a story and the actual "separation agreement":Ind. Gov't. - Text of Sampson / IU "separation agreement" available The Indianapolis Star has posted a copy of the 11-page Sampson / IU "separation agreement" - access it here...

KY GOV'T: "State Auditor Crit Luallen Releases Statewide Audit of Kentucky"

Posted on February 25, 2008
State Auditor Crit Luallen Releases Statewide Audit of Kentucky Audit of fiscal year ending June 30, 2007 discovers 65 findings within state agencies

UofL Law: UofL law school to honor Justice William McAnulty with tribute, portrait

Posted on February 25, 2008
UofL law school to honor Justice William McAnulty with tribute, portrait The University of Louisville law school will honor former Kentucky Supreme Court Justice William E. McAnulty Jr.?s contributions to Kentucky law, public policy, education and the legal profession at a Feb...

Chase Law: "Justice or Avoiding Justice?: How Courts treat Cases Involving Life and Liberty" - Event for Mar. 25, 2008

Posted on February 25, 2008
The student chapter of the American Constitution Society at Chase College of Law, the Kentucky Lawyer Chapter of the American Constitution Society and the ACLU of Kentucky are pleased to sponsor the following event:Justice or Avoiding Justice?: How Courts treat Cases Involving Life and Liberty by Attorney Stephen B...

Chase Law: Chase's National Trial Team Meets with Success

Posted on February 25, 2008
Members of the Chase Nat'l Trial Team Feb 20, 2008 - Chase's National Trial Team competed in the National Trial Competition Sixth Circuit Regionals in Dayton, Ohio on Feb. 16-17th, 2008. The competition included teams from the University of Michigan, Case Western, OSU, Michigan State, Dayton, Wayne State, Ave Maria, University of Kentucky, University of Louisville, Akron, & Toledo...

Chase Law: Chase Professor presents at conference focusing on Kentucky families.

Posted on February 25, 2008
Chase Professor Ljubomir Nacev recently presented at a conference sponsored by the Kentucky Department of Health and Human Services, Administration for Children and Families Office of Family Assistance. The conference was entitled ?Strengthening Economic Self-Sufficiency for Kentucky Families: Using Tax Credits to Support Familes...

JAN. 25, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:05)

Posted on February 25, 2008
JAN. 25, 2008 -  KENTUCKY COURT OF APPEALS DECISIONS (2008:05) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 21 rendered decisions Nos...

UofL Law: Student Bar Foundation's Annual Charity Auction to be held on March 6, 2008

Posted on February 24, 2008
March 6, 2008, 5:30pm ? 7:30pmLouisville Bar Association Join UofL Law for the Student Bar Foundation's Annual Charity Auction to be held on March 6, 2008 from 5:30 to 7:30 pm at the Louisville Bar Association located at 600 W. Main in downtown Louisville...

Chase Law: Chase Law Review Symposium focused on IP issues

Posted on February 24, 2008
Symposium Panelists Feb 21, 2008 - The Chase College of Law?s Northern Kentucky Law Review presented a symposium on Intellectual Property, ?Divining the Roberts Court?s Approach to Intellectual Property: Are Such Rights on Firm Ground, or are the Sands Shifting?? Approximately 100 practitioners, inventors, professors, and students attended the symposium on Saturday, February 16, 2008 at the Marriott RiverCenter in Covington, Kentucky...

Supreme Court Arguments for March 12, 13 & 14, 2008 (with links to briefs and COA opinions)

Posted on February 24, 2008
Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law.  Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. WEDNESDAY, MARCH 12, 20089:00 a.m. WORKFORCE DEVELOPMENT CABINET V GAINES (2005-SC-965-DG)"Kentucky Whistleblower Act...

Discretionary Review Grants by SCOKY - Jan. 16, 2008

Posted on February 24, 2008
Discretionary Review Grants by SCOKY - Jan. 16, 2008 Brownlee and USA v. Ky. Unemployment Ins. Commission 2007-SC-000126-DG, Hardin2005CA002255 - http://opinions.kycourts.net/coa/2005-CA-002255.pdfCOA affirmed trial court's award of unemployment benefits for good cause which the Army challenged since DOD employees retiring early and receiving voluntary separation incentives...

Health Insurer Fined $9 Million for Dropping Breast Cancer Patient in Middle of Chemo Treatment

Posted on February 24, 2008
When I think of insurance companies and tort reform, I am reminded that the selling of insurance is a public trust and their regulation a public responsibility.  Individual insurance policies are more than an arms-length transaction but rather a special fiduciary relationship...

ELSEWHERE: "Bill to extend the Senior Judge Program past July 2008 has little chance for passage."

Posted on February 24, 2008
This post at the LawReader opines that "Bill to extend the Senior Judge Program past July 2008 has little chance for passage."  We previously posted on the pending legislation (HB 581) and some nuances on this bill as compared to the existing legislation which is due to expire this summer...

COURTS: "Sybil Smith sentenced to probation in ALS scam"

Posted on February 24, 2008
Sybil Smith sentenced to probation in ALS scam wave3 The mother of a former radio DJ will not be joining him behind bars. Sybil Smith was sentenced to one year probation for her part covering up a charity fraud.

COURTS: The Cynthiana Slugger Swings Again

Posted on February 24, 2008
The story about the client who slugged his lawyer made the rounds a few weeks ago, and I opted to let that one slid (surprising, ain't it).  However, the defendant who slammed his lawyer has allegedly taken a swing at others while in the local slammer:Man who slugged attorney accused of hitting fellow inmatesWAVE3 Police say Peter Hafer of Cynthiana assaulted two fellow inmates in the laundry room of the Bourbon County Jail on Tuesday...

CASINOS: Casino gambling and constitutional amendements and promises made in an election year

Posted on February 24, 2008
Today's Courier Journal had two interesting stories on the right side of the front page this Sunday with one above the fold and the other below the fold.  The "top" story was about the Indiana federal credit union teller who stole $7 million to lose in the casinos; the "bottom" story was about the opposition to casino gambling in Kentucky...

MEDICAL: "The surge in urgent care"

Posted on February 24, 2008
This story in the Courier Journal identifies a growing trend toward making insurance dollars go further.  Emergency care costs more than urgent care, and the cheaper costs make health insurance dollars and PIP/No-Fault dollars go further too.  Usually, smaller prices, smaller deductibles, and smaller copays...

Minutes for Kentucky Court of Appeals for Feb. 22, 2008 (COA)(2008:08)

Posted on February 23, 2008
Minutes for Kentucky Court of Appeals for Feb. 22, 2008(COA)(2008:08) Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week.  For our copy of the minutes, click here. 35 rendered decisions - Numbered 218-252 5 published - 218; 227; 231; 235; 250 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...

Minutes for Kentucky Supreme Court for Feb. 21, 2008 (2008:09)

Posted on February 23, 2008
Minutes for Kentucky Supreme Court  for Feb. 21, 2008 (2008:09) Click here for  minutes at AOC with links to full text of each decision Click here for blog posting of minutes with highlights 26 rendered decisions:  24-49 10 published (24-33) 10 disciplinary matters (5 published) 7 of 43 cases granted discretionary review - 16...

APPEALS: "Juveniles' DNA collection upheld"

Posted on February 23, 2008
Brandon Ortiz did the following story in the Herald Leader on a Court of Appeals decision this past week.  Click here for the full text of the decision.Juveniles' DNA collection upheld Kentucky may continue collecting DNA samples of juveniles convicted of felony sex offenses, the state Court of Appeals ruled Friday...

COURTS: "Judge reviewing fen-phen fund"

Posted on February 23, 2008
From Herald Leader is story on one litigant's issues on diet drug settlement and court's pending review.  BTW Judge Crittendon is doing the review, and his reputation and integrity are the best as he attempts to find justice in this Gordian knot...

SETTLEMENTS: "Zeon settlement being revised"

Posted on February 23, 2008
From Courier Journal is following story on court settlement with Zeon:Zeon settlement being revised Attorneys for Zeon Chemicals and its Rubbertown neighbors said yesterday that they are negotiating a revised settlement that could include $700,000 for air monitoring and environmental education.

MEDICAL: "Dialysis patients caught in insurance fight"

Posted on February 23, 2008
From Courier Journal.  click on heading for entire online post.Dialysis patients caught in insurance fight 2/22/2008 Noble Orr has kidney failure that could kill him if he doesn't visit a dialysis center three times a week to filter his blood. He gets his treatments in Murray, a few miles from his Western Kentucky home...

EDITORIALS: "Fletcher's nice deal"

Posted on February 23, 2008
From the editorial pages of the Courier Journal:Fletcher's nice deal Somebody should send subpoenas. A state legislative committee should demand explanations, under oath, from Ernie Fletcher, Mark Birdwhistell and Walter May.Here's the news story that prompted the letter to the editor:Fletcher hired after hospital got $3...

JUDGES: Bowles, Holton, Smith Nominated out of committee to fill Jefferson District Court Vacancy. Gov. will appoint one of them (presumably).

Posted on February 23, 2008
I have also learned the following names were released by the nominating committee to go to the governor to fill the vacancy in the Jefferson District Court race. David P. Bowles David Larry Holton, II Ann Bailey Smith This is already a crowded race for 2008 with 17 originally filing and two withdrawing so far (Linda Y...

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